Wednesday, January 05, 2000
Law: Review of police limited
City Council can't require public input
BY PERRY BROTHERS
The Cincinnati Enquirer
A proposal to ensure that Cincinnati's Citizens Police Review Panel has a say in officer misconduct cases before the city manager takes final action would violate the city charter and state law, according to the city solicitor's office.
Councilman Todd Portune had asked the solicitor's office last week to draft an amendment that would require the city manager to give the panel an opportunity to review cases before final disciplinary action.
Robert H. Johnstone, an assistant city solicitor, explained the amendment's conflict with city and state law to the Law & Public Safety Committee on Monday.
“City Council doesn't have the authority to impose such a restriction on the city manager,” Mr. Johnstone said during an interview Tuesday.
The city manager is solely responsible for discipline under the charter and for hiring, firing and discipline of civil service employees under the state civil service law, Mr. Johnstone said. He recommended that the council adopt a resolution urging the city manager to wait for the panel's recommendations.
Mr. Portune, vice chairman of the committee, said the members will address the issue in two weeks.
However, committee chairman Charlie Winburn, who was out of town during Monday's meeting, said Tuesday he plans to move to indefinitely postpone the proposed amendment.
“There's no need of us continuing to have discussion on it if it isn't going to go anywhere and take (City Manager) John Shirey's word that he will cooperate with this group,” Mr. Winburn said.
Mr. Shirey said last month he will try to give the panel time to review cases in the future. Some community and panel members were outraged when Mr. Shirey approved discipline and retraining for Officer Brent McCurley. Officer McCurley shot and killed Michael Carpenter, 30, during a Northside traffic stop on March 19.
The officer received a written reprimand and 40 hours of retraining for several tactical errors leading to the shooting.
The panel was just beginning its review of the shooting. It will continue its discussion of the case at its next public meeting, 6 p.m. Jan. 31 in City Hall, 801 Plum St.
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